lizzybuff Posted July 24, 2010 Posted July 24, 2010 need some advise ... my other half was beaten off his 1200 bandit (not his fault a car pulled out of a junction) he is claiming off the other partys insurance. the bike has been looked at by the insurance blokes but on looking at the exhaust which is dented they have peeled off the sticker that coveres the NOT in NOT FOR ROAD USE stamp does that mean he isnt going to get any pay out? the bike was bought from the dealer with the can on it and it is not declared on his insurance.he is really worried that hes gunna have a knackered foot and no bike and no money to show for it! advse please!!!
The man from onkle Posted July 24, 2010 Posted July 24, 2010 Is the bike a write off? Insurers like to use non disclosure of mods as an excuse not to pay out on a claim. If they do go down this route then he could say he thought it was legal as this was how it was bought from the dealer and the dealer never raised any issues with the legality of the exhaust. Good luck
Gas up - Let's Go! Posted July 26, 2010 Posted July 26, 2010 Just because it say 'NOT FOR ROAD USE' does not mean you cannot use it. I had Akrapovics on my Honda that had this mark, and it was there for the US market - so it's not all black and white. So here's the thing, none disclosure will result (but you may get away with it) in your own insurance comapany refusing to pay out. You did not say if you are claiming directly from the other driver, or through your own comapny ?? The fact that your own isurance comapny is refusing to pay out does not remove the fact that the other driver is 'at fault' and so his insurance company cannot refuse to pay up, just because yours is refusing. The real point is why yours would refuse, if they cancel the poilcy because of non-disclosure then you are in trouble as this would effectivly render you without insurance cover. But it doesn't mean you cannot still claim for damages. IF this happens then you need to speak with a solicitor. You are under no obligation to use your own insurance company in the event of an accident, chances are they have a clause in the policy to say you must inform them, but it doesn't mean you have to use them. You are within your rights to deal directly with the other guys insurance comapany and they cannot (although they will try - for lots of reasons) force you to use your own. The threat of using a solicior usually spurs them into action as they don't want to increase costs. The thing with officious types is you have to beat them at thier own game, so if you are going to bluff, then make it convincing and never back down - ever! I would push them very hard (call them 2 or three time a day) for a descision, and also push them even harder for an offer on damages for the injuries, once they have made an offer take it to a solicitor and have them fight it for you. Push hard and don't give them any place to go, if they suggest that you weren't covered (because of non-disclosure) then tell them you are going to a solicitor. Be firm, hard but always polite and never loose your temper with them as it gives them an excuse not to talk to you. If you have good wordpower then a letter is a good way of putting your views into a structured agrument. Whenever you speak to them, get the name, or some way of identifying the individual you speak to, take notes (but do not record - they do this anyway, but have to tell you) and keep details like time of day, date, anything you can use to suggest that the individual has addmitted liability.
Moderator drewpy Posted July 26, 2010 Moderator Posted July 26, 2010 need some advise ... my other half was beaten off his 1200 bandit (not his fault a car pulled out of a junction) he is claiming off the other partys insurance. the bike has been looked at by the insurance blokes but on looking at the exhaust which is dented they have peeled off the sticker that coveres the NOT in NOT FOR ROAD USE stamp does that mean he isnt going to get any pay out? the bike was bought from the dealer with the can on it and it is not declared on his insurance.he is really worried that hes gunna have a knackered foot and no bike and no money to show for it! advse please!!! they won't refuse as its not a contributing factor in the accident and any court would'nt deem otherwise! if you bought "in good faith" from a dealer, they have a legal obligation to sell roadworthy bikes, otherwise its back onto them. I'd not mention any of that though unless asked specifically (in writing) I'd do what gas says, get a name of someone who is dealing with the claim, and phone them every day. I got knocked off my bike and phoned my solicitor daily, I also told him i will phone every day. he got sick of it, said i was i PITA and tried to say nothing will have happened in 24 hours TOUGH. he was glad to sort out the claim asap!
Vez Posted July 27, 2010 Posted July 27, 2010 You could try and ask these people. http://www.sorrymate.com/ And btw, there is an insurance section on the forum now Vez.
lizzybuff Posted July 28, 2010 Author Posted July 28, 2010 they won't refuse as its not a contributing factor in the accident and any court would'nt deem otherwise! if you bought "in good faith" from a dealer, they have a legal obligation to sell roadworthy bikes, otherwise its back onto them. I'd not mention any of that though unless asked specifically (in writing) I'd do what gas says, get a name of someone who is dealing with the claim, and phone them every day. I got knocked off my bike and phoned my solicitor daily, I also told him i will phone every day. he got sick of it, said i was i PITA and tried to say nothing will have happened in 24 hours TOUGH. he was glad to sort out the claim asap! thanx for the advice..big relief hope it all goes through ok now fingers crossed x x
lizzybuff Posted July 28, 2010 Author Posted July 28, 2010 Just because it say 'NOT FOR ROAD USE' does not mean you cannot use it. I had Akrapovics on my Honda that had this mark, and it was there for the US market - so it's not all black and white. So here's the thing, none disclosure will result (but you may get away with it) in your own insurance comapany refusing to pay out. You did not say if you are claiming directly from the other driver, or through your own comapny ?? The fact that your own isurance comapny is refusing to pay out does not remove the fact that the other driver is 'at fault' and so his insurance company cannot refuse to pay up, just because yours is refusing. The real point is why yours would refuse, if they cancel the poilcy because of non-disclosure then you are in trouble as this would effectivly render you without insurance cover. But it doesn't mean you cannot still claim for damages. IF this happens then you need to speak with a solicitor. You are under no obligation to use your own insurance company in the event of an accident, chances are they have a clause in the policy to say you must inform them, but it doesn't mean you have to use them. You are within your rights to deal directly with the other guys insurance comapany and they cannot (although they will try - for lots of reasons) force you to use your own. The threat of using a solicior usually spurs them into action as they don't want to increase costs. The thing with officious types is you have to beat them at thier own game, so if you are going to bluff, then make it convincing and never back down - ever! I would push them very hard (call them 2 or three time a day) for a descision, and also push them even harder for an offer on damages for the injuries, once they have made an offer take it to a solicitor and have them fight it for you. Push hard and don't give them any place to go, if they suggest that you weren't covered (because of non-disclosure) then tell them you are going to a solicitor. Be firm, hard but always polite and never loose your temper with them as it gives them an excuse not to talk to you. If you have good wordpower then a letter is a good way of putting your views into a structured agrument. Whenever you speak to them, get the name, or some way of identifying the individual you speak to, take notes (but do not record - they do this anyway, but have to tell you) and keep details like time of day, date, anything you can use to suggest that the individual has addmitted liability. cheers gas massive help thanx X X X
lizzybuff Posted July 28, 2010 Author Posted July 28, 2010 Is the bike a write off? Insurers like to use non disclosure of mods as an excuse not to pay out on a claim. If they do go down this route then he could say he thought it was legal as this was how it was bought from the dealer and the dealer never raised any issues with the legality of the exhaust. Good luck pretty sure that they are writing the bike off at least all indications point that way anyway.he is claiming from the other partys insurance. fingers crossed it all goes well thank you for your helpXXX
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